In a February 2025 judgment, the high court on appeal addressed the issue of general damages in a claim involving a minor who sustained severe injuries in a tractor accident. The court had to determine whether the award of the lower court for general damages was reasonable considering the minor’s injuries and their long-term effects. The court increased the award substantially, recognising the significant impact of the injuries on the minor’s life.

The case involved a minor child, represented by a curator, who was injured in a tractor accident on 7 February 2017. At the time of the accident, the minor was 5 years and 10 months old. The injuries included a third-degree burn on the back, a mild brain injury, and various psychological and behavioural difficulties. The initial award for general damages was R350,000, which the appellant contended was insufficient given the severity of the injuries and their long-term consequences.

The court’s analysis focused on the findings of multiple medical experts who examined the minor. These experts included neurologists, psychologists, and educational specialists who provided detailed reports on the minor’s condition. The experts highlighted the minor’s cognitive deficits, behavioural changes, and the impact of the injuries on his educational and future work potential. They also noted the psychological trauma and social anxiety caused by the permanent scarring and disfigurement.

The court emphasised that the minor’s neuropsychological and behavioural difficulties would significantly affect his future scholastic capabilities and overall quality of life.

Considering the comparable cases, expert testimonies and the long-term effects of the injuries, the court increased the award for general damages to R1 million. The court concluded that this amount was more appropriate given the extent of the minor’s injuries, suffering and the impact on his future.

The initial award for general damages was set aside and replaced with an award of R1 million. This judgment underscores the importance of thoroughly evaluating the long-term impact of injuries when determining general damages in personal injury claims.

Sayed N.O (Curatrix Ad Litem for FGW F[…]) v Road Accident Fund (A102/2023) [2025] ZAGPPHC 102 (11 February 2025)